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Jenkins v. Smith

Defendant was not liable as a matter of law for appropriating his former firm's business opportunity by continuing to work with a customer of the former firm, since there was no evidence a contractual relationship existed between the customer and firm and the customer was not the firm's exclusive customer.

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A Fulton County jury awarded Richard T. Smith, P.C., a legal professional corporation, $600,000 on the firm’s claim against Stephen L. Jenkins, a former member of the firm, for misappropriation of firm property. The jury awarded Jenkins nothing on his counterclaim for the value of his one-half interest in the firm on the date of his departure. Jenkins appeals the denial of his motion for judgment notwithstanding the verdict “j.n.o.v.” or for a new trial. Because the evidence did not support the verdict, we reverse.

1. Jenkins contends the trial court erred in denying his motion for j.n.o.v. or for a new trial in that the evidence did not authorize the jury to find that he misappropriated a corporate opportunity. He further contends the evidence did not support the amount of the jury’s verdict for misappropriation of firm assets. We agree.

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